S.Amdt. 714Senate113th Congress (2013-2015)

To regulate large capacity ammunition feeding devices.

Submitted April 11, 2013

Legislative Activity

Stay on top of the latest movement without scrolling through every action

5 earlier actions
Floor Latest Action

Senate amendment not agreed to: Amendment SA 714, under the order of 4/16/13, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 103.

April 17, 2013

View full timeline
Floor

Senate amendment not agreed to: Amendment SA 714, under the order of 4/16/13, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 103.

April 17, 2013

Floor

Roll call votes on amendments in Senate: Amendment SA 714, under the order of 4/16/13, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 103.

April 17, 2013

Floor

Senate amendment proposed (on the floor): Amendment SA 714 proposed by Senator Blumenthal for Senator Lautenberg.(consideration: CR S2738-2739, S2742-2744; text: CR S2743)

April 17, 2013

Floor

Amendment SA 714 proposed by Senator Blumenthal for Senator Lautenberg. (consideration: CR S2738-2739, S2742-2744; text: CR S2743) To regulate large capacity ammunition feeding devices.

April 17, 2013

Floor

Amendment SA 714, under the order of 4/16/13, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 46 - 54. Record Vote Number: 103.

April 17, 2013

Floor

Senate amendment submitted

April 11, 2013

Text

Submitted

SA 714. Mr. BLUMENTHAL (for Mr. Lautenberg (for himself, Mrs.
Feinstein, Mr. Blumenthal, Mr. Murphy, Mr. Whitehouse, Mr. Cowan, Ms.
Hirono, Mr. Kaine, Mr. Rockefeller, Mr. Merkley, Mrs. Boxer, Mr.
Carper, Ms. Warren, Mr. Levin, Mr. Durbin, Ms. Klobuchar, Mr. Menendez,
Mrs. Gillibrand, Mr. Franken, Mr. Cardin, Mr. Schumer, and Mr. Harkin))
submitted an amendment intended to be proposed by Mr. Blumenthal to the
bill S. 649, to ensure that all individuals who should be prohibited
from buying a firearm are listed in the national instant criminal
background check system and require a background check for every
firearm sale, and for other purposes; which was ordered to lie on the
table; as follows:

At the end, add the following:

TITLE IV--LARGE CAPACITY AMMUNITION FEEDING DEVICES

SEC. 401. DEFINITIONS.

Section 921(a) of title 18, United States Code, is amended
by inserting after paragraph (29) the following:
``(30) The term `large capacity ammunition feeding
device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or
that can be readily restored, changed, or converted to
accept, more than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(31) The term `qualified law enforcement officer' has the
meaning given the term in section 926B.''.

SEC. 402. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING
DEVICES.

(a) In General.--Section 922 of title 18, United States
Code, as amended by this Act, is amended by inserting after
subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate
or foreign commerce, a large capacity ammunition feeding
device.
``(2) Paragraph (1) shall not apply to the possession of
any large capacity ammunition feeding device otherwise
lawfully possessed on or before the date of enactment of the
Safe Communities, Safe Schools Act of 2013.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a
department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a
sale or transfer to or possession by a qualified law
enforcement officer employed by the United States or a
department or agency of the United States or a State or a
department, agency, or political subdivision of a State for
purposes of law enforcement (whether on or off duty), or a
sale or transfer to or possession by a campus law enforcement
officer for purposes of law enforcement (whether on or off
duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by
Federal law, or possession by an employee or contractor of
such licensee on-site for such purposes or off-site for
purposes of licensee-authorized training or transportation of
nuclear materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and
is not otherwise prohibited from receiving ammunition, of a
large capacity ammunition feeding device--
``(i) sold or transferred to the individual by the agency
upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by
a licensed manufacturer or licensed importer for the purposes
of testing or experimentation authorized by the Attorney
General.
``(4) For purposes of paragraph (3)(A), the term `campus
law enforcement officer' means an individual who is--

[[Page S2613]]

``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition
Feeding Devices.--Section 923(i) of title 18, United States
Code, is amended by adding at the end the following: ``A
large capacity ammunition feeding device manufactured after
the date of enactment of the Safe Communities, Safe Schools
Act of 2013 shall be identified by a serial number and the
date on which the device was manufactured or made, legibly
and conspicuously engraved or cast on the device, and such
other identification as the Attorney General shall by
regulations prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition
Feeding Devices.--Section 924(d) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or large capacity ammunition feeding
device'' after ``firearm or ammunition'' each place the term
appears;
(B) by inserting ``or large capacity ammunition feeding
device'' after ``firearms or ammunition'' each place the term
appears; and
(C) by striking ``or (k)'' and inserting ``(k), or (v)'';
(2) in paragraph (2)(C), by inserting ``or large capacity
ammunition feeding devices'' after ``firearms or quantities
of ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.

SEC. 403. PENALTIES.

Section 924(a)(1)(B) of title 18, United States Code, as
amended by this Act, is amended by inserting ``(v),'' after
``(q),''.

SEC. 404. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE
CAPACITY AMMUNITION FEEDING DEVICES.

Section 501(a)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(a)(1)), as amended by
this Act, is amended by adding at the end the following:
``(I) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-back
programs for large capacity ammunition feeding devices.''.

SEC. 405. SEVERABILITY.

If any provision of this title, an amendment made by this
title, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional,
the remainder of this title, the amendments made by this
title, and the application of such provision or amendment to
any person or circumstance shall not be affected thereby.
______